Terms

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Welcome to the Tipster site. By using it, you are agreeing to these terms of use (as defined below). Please read them carefully. If you have any questions, contact us via email at hello@tipstereats.com.

These terms of use were last updated on May 13, 2018.

ACCEPTANCE OF TERMS OF USE

Tipster LLC (“Tipster”) owns and operates the website, www.tipstereats.com. By (a) using the site and Tipster’s services through the site, (b) signing up for an account and/or (c) completing a purchase on the site, you agree to these terms of use.

About the Site

The site is a platform through which certain merchants (“Merchants”) (a) sell vouchers for goods, services, or experiences (“Vouchers”), (b) make available coupons, promotional codes, giveaways, samples, and offers (“Coupons”), (c) sell dining experiences ("Reservations") (collectively (a)-(c),“Merchant Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Tipster is not an agent of the Merchants.

Ownership of the Site

The site, any content on the site, and the infrastructure used to provide the site are proprietary to us, our affiliates, Merchants, and other content providers. By using the site and accepting these terms of use you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the site without the express permission of Tipster.

Use of the Site

As a condition of your use of the site, you agree that:

• You have reached the age of majority in the state or province in which you reside;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will not attempt to use the site with crawlers, robots, data mining, or extraction tools or any other functionality;
• Your use of the site will at all times comply with these terms of use;
• You will only make purchases on the site for your own use and enjoyment or as a gift for another person; and
• You have the right to provide any and all information you submit to the site, and all such information is accurate, true, current, and complete.

Access to the Site

Tipster retains the right, at our sole discretion, to deny service or use of the site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the site and your account accessible, the site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

Modification

We reserve the right at all times to discontinue or modify any part of these terms of use in our sole discretion. If we make changes that affect your use of the site or our services we will post notice of the change on the terms of use page. If you do not agree to the changes, you may close your account and you should not use the site or any services offered through the site after the effective date of the changes. You agree that posting notice of any changes on the terms of use page is adequate notice to advise you of these changes, and that your continued use of the site or our services will constitute acceptance of these changes and the terms of use as modified.

Your Account

You may only create and hold one account on the site for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. You understand and agree that Tipster shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

The site may permit you to make purchases without an account or without logging in to your account. If you make a purchase in this manner, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, email address, and other transaction information).

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these terms of use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits, and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these terms of use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the site, including, without limitation, requirements for use.

Your Conduct

All interactions on the site must comply with these terms of use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the site, we may limit or terminate your privileges on the site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the site and constitute violations of these terms of use:
Submitting any content to the site that:

• Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
• Contains personal information, except when we expressly ask you to provide such information;
• Contains viruses or malware;
• Offers unauthorized downloads of any copyrighted, confidential, or private information;
• Has the effect of impersonating others;
• Contains messages by non-spokesperson employees of Tipster purporting to speak on behalf of Tipster or provides confidential information concerning Tipster;
• Contains chain letters of any kind;
• Is purposely inaccurate, commits fraud, or falsifies information in connection with your Tipster account or to create multiple Tipster accounts; or
• Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Attempting to do or actually doing any of the following:

• Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Scanning or monitoring the site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
• Scanning or testing the security or configuration of the site or breaching security or authentication measures; or
• Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the site.

Using any of the following:

• Frames, framing techniques, or framing technology to enclose any content included on the site without our express written permission;
• Any site content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
• The site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Tipster; or
• The site or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Tipster, including, without limitation, aggregating current or previously offered campaigns.

Collecting any of the following:

• Content from the site, including, without limitation, in connection with current or previously offered campaigns, and featuring such content to consumers in any manner that diverts traffic from the site without our express written permission; or
• Personal Information or content of any consumers or Merchants.

Engaging in any of the following:

• Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings, or otherwise using any Tipster account to purchase Merchant Offerings for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these terms of use and the terms of a specific offer on the site;
• Accessing, monitoring, or copying any content from the site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers on the site or bypassing or circumventing other measures employed to prevent or limit access to the site;
• Aggregating any current or previously-offered campaigns or content or other information from the site (whether using links or other technical means or physical records associated with purchases made through the site) with material from other sites or on a secondary site without our express written permission;
• Deep-linking to any portion of the site (including, without limitation, the purchase path for any Voucher) without our express written permission;
• Hyperlinking to the site from any other website without our initial and ongoing consent; or
• Acting illegally or maliciously against the business interests or reputation of Tipster, our Merchants, or our services.

Refer-A-Friend

Tipster’s Refer-a-Friend program (“RAF Program”) is a promotional activity by which you may earn Tipster Credit if a non-Tipster customer you refer becomes a Tipster customer and makes a qualifying purchase on the site. You may earn up to a maximum of $100 in Tipster Credit over the lifetime of your participation across all referrals (“Lifetime Program Limit”). In order to be eligible to earn Tipster Credit through the RAF Program, you must be eligible to accumulate and redeem Tipster Credit, maintain a Tipster account in good standing and be under the Lifetime Program Limit.

To participate, refer friends who are not current Tipster subscribers and who have never purchased a Voucher from the site (“New User”) by sending them your personal referral link (“Unique Link”), available on the site or provided to you as a recipient of an invite-only special offer. For a New User who accesses your Unique Link and, within the following seventy-two (72) hours (i) registers on the site, and (ii) makes an initial purchase of a Tipster campaign priced at ten dollars ($10) or more (“Eligible Offer”), Tipster will, within a reasonable amount of time, post to your account any Tipster Credit you are eligible to receive, up to the Lifetime Program Limit.

Tipster may provide various tools to help you disseminate your Unique Link. You may also share your Unique Link via email and social media. PLEASE NOTE THAT WHENEVER YOU DECIDE TO SHARE YOUR UNIQUE LINK, YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE TIPSTER CREDIT IF THEY SIGN UP AND MAKE A QUALIFYING PURCHASE. Failure to disclose this information is a violation of these terms of use and Tipster may terminate you immediately from the RAF Program, disqualify you from participating in the RAF Program in the future and cause the forfeiture of any Tipster Credit in your account.

Tipster reserves the right at any time to modify or discontinue the RAF Program, either temporarily or permanently (or any part thereof), with or without notice. Tipster will not be liable to you in the event of any modification, suspension or discontinuance of the RAF Program.

Copyright and Trademarks

The site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the site are protected by copyright, trademark, and other intellectual property laws of the United States. Tipster owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Tipster or the copyright owner is permitted. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. You may not use Tipster’s name, logos, or trademarks or brands of others on the site without Tipster’s express permission.

Disclaimer of Warranty

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TIPSTER, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, OR (II) DESCRIPTIONS OF MERCHANT OFFERINGS. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TIPSTER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY TIPSTER THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIPSTER, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL TIPSTER’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY TIPSTER THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

Electronic Communications

When you use the site or send emails to Tipster, you are communicating with us electronically and consent to receive electronic communications related to your use of the site. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the site or from which you otherwise email us.

Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.

Indemnification/Release

You agree to defend, indemnify, and hold harmless Tipster, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any use of the site in violation of these terms of use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the site. To the extent permitted under applicable laws, you hereby release Tipster from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct or speech, whether online or offline, of any other third-party.

Force Majeure

Tipster shall be excused from performance under these terms of use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Tipster or a Merchant, as applicable.

Assignment

You may not assign these terms of use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Tipster. Any attempted assignment that does not comply with these terms of use shall be null and void. Tipster may assign these terms of use, in whole or in part, to any third-party in its sole discretion.

Choice of Law

Any disputes arising out of or related to these terms of use and/or any use by you of the site or Tipster’s services shall be governed by the laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles.

If you reside in Canada, any disputes arising out of or related to these terms of use and/or any use by you of the site or Tipster’s services shall be governed by the laws of the Province in which you reside at the time you enter into these terms of use, without regard to its choice of law rules and without regard to conflicts of laws principles. Tipster and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

Dispute Resolution/Arbitration Agreement

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Tipster and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Tipster Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your Personal Information, or any Merchant Offerings (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Tipster are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute your and Tipster’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and Tipster agree that any Dispute may only be instituted in a state or federal court in New York (ii) you and Tipster irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Tipster agree to waive any right to a trial by jury. You and Tipster agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of New York, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the site, and/or any illegal or intentional act against your interests or the general business interests of Tipster.

(e) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 24(b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.

Miscellaneous

You are contracting with Tipster LLC. Correspondence should be directed to: Tipster LLC, 134 North 4th Street, 2nd Floor, Brooklyn, NY 11249.

The provisions of these terms of use apply equally to, and are for the benefit of, Tipster, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.